Legal Questions: do not communicate with the demon at all except through your genie

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PastPerfect: Nov 23, 2004; Rocking it out with my 60hz Hum; Nap Ghost

Estate question

My paternal grandfather died in 2007 in Colorado. It was my understanding that his estate would be divided between his 2 living children and to the children of his deceased son.(My father)
Due to some family history that I'm too young to know about, the relations in this family are a bit cold. It happened to be that my uncle was the executor of the estate and was in charge of the disbursement of any willed items or monies. I have never seen my grandfathers will nor has the issue been discussed with my uncle.
I have been told 3rd hand from my brother that we have been cut out of the will.

Point being what should I do to make sure that I wasn't being screwed with and that my grandfather really did cut me out? Would there be a record of the will or am I in anyway entitled to view the document?

# ? Oct 16, 2011 05:04

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# ? May 16, 2024 12:47

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

BigHead posted:

If I were prosecuting the case I wouldn't care either way. As long as you told the police at some point that the bike was yours and worth approximately $X, the prosecutor doesn't need you. Just make sure there's a good phone number and address in the file, just in case he does need you in the future.

Does Crawford not exist in Alaska?

# ? Oct 16, 2011 06:46

entris: Oct 22, 2008; by Y Kant Ozma Post

PastPerfect posted:

Estate question

My paternal grandfather died in 2007 in Colorado. It was my understanding that his estate would be divided between his 2 living children and to the children of his deceased son.(My father)
Due to some family history that I'm too young to know about, the relations in this family are a bit cold. It happened to be that my uncle was the executor of the estate and was in charge of the disbursement of any willed items or monies. I have never seen my grandfathers will nor has the issue been discussed with my uncle.
I have been told 3rd hand from my brother that we have been cut out of the will.

Point being what should I do to make sure that I wasn't being screwed with and that my grandfather really did cut me out? Would there be a record of the will or am I in anyway entitled to view the document?

I'm sorry to say this, but you are probably out of time here - your grandfather died in 2007, and you are just now investigating this?

When someone goes to probate an estate, most states require that person to provide notice to all of the heirs of the estate, usually with a copy of the will attached. If your uncle was the executor, he should have given you notice of the probate proceeding, where you could have asked to see the will.

How old were you when you died - were you a minor?

When was your grandfather's estate probated?

You can call the clerk of the court for the county in which your grandfather died, and ask if they have his will on file. When someone dies and their estate is probated, their will becomes a public document - you can see the will!

The biggest problem, however, is that so much time has passed since your grandfather's death. I know that in my state, even if your uncle did wrong things, you'd be out of luck just because of the time limits. But Colorado may be different.

First things first, call the clerk of the court like I said.

# ? Oct 16, 2011 07:39

PastPerfect: Nov 23, 2004; Rocking it out with my 60hz Hum; Nap Ghost

entris posted:

I'm sorry to say this, but you are probably out of time here - your grandfather died in 2007, and you are just now investigating this?

When someone goes to probate an estate, most states require that person to provide notice to all of the heirs of the estate, usually with a copy of the will attached. If your uncle was the executor, he should have given you notice of the probate proceeding, where you could have asked to see the will.

How old were you when you died - were you a minor?

When was your grandfather's estate probated?

You can call the clerk of the court for the county in which your grandfather died, and ask if they have his will on file. When someone dies and their estate is probated, their will becomes a public document - you can see the will!

The biggest problem, however, is that so much time has passed since your grandfather's death. I know that in my state, even if your uncle did wrong things, you'd be out of luck just because of the time limits. But Colorado may be different.

First things first, call the clerk of the court like I said.

Well first off, crap.

To answer your questions, I was not a minor when he died. I had assumed when he died that all of his assets transferred to my grandmother. She had a debilitating disease that kept her from making any serious decisions. So I believe that my uncle retained power of attorney over any financial matters.
It sounds like I would be best off contacting an attorney in these matters. I get the feeling something fishy went down.

# ? Oct 16, 2011 08:43

Alchenar: Apr 9, 2008

A quick bit of internet lawyering throws up Colorado 15-12-109; which states that the statute of limitations is htree years from death.

# ? Oct 16, 2011 10:26

Solomon Grundy: Feb 10, 2007; Born on a Monday

PastPerfect posted:

Well first off, crap.

To answer your questions, I was not a minor when he died. I had assumed when he died that all of his assets transferred to my grandmother. She had a debilitating disease that kept her from making any serious decisions. So I believe that my uncle retained power of attorney over any financial matters.
It sounds like I would be best off contacting an attorney in these matters. I get the feeling something fishy went down.

If grandpa's stuff transferred to grandma at his death, then it is her will you should be worried about, not grandpa's.

# ? Oct 16, 2011 12:14

rivid: Jul 17, 2005; Matt 24:44

I'm an American citizen that lives in Massachusetts, but right now I have residency in Germany for a year. If I post something about a company also in Massachusetts, and they sue me for slander/defamation to shut me up, what would my options be in regards to handling the case?

# ? Oct 16, 2011 22:50

GeekyManatee: Jul 12, 2011

Hello law goons, a couple of quick questions regarding my wife and I's last apartment lease.

Our area of jurisdiction: Seattle, WA

We moved out of our old apartment on September 26th of this year. Our lease ended on September 30th. According to our lease (and what we have researched about WA law) our landlord is supposed to send us or notify us about our security deposit within' fifteen days after we have vacated the premises. It has been well over fifteen days since we left and just over fifteen days since the end of the lease's terms. How should we approach this? Do we bother him about it or do we just wait for another week and hope he says something?

Brings me to my second question. Our landlord has yet to cash our rent check from August. Back at the beginning of September he notified us that he had lost the original August rent check. We wrote him a new one and he still has yet to cash it. We are honestly getting quite tired of anticipating when the check will be cashed. And with how he has handled the security deposit so far (by not handling it at all), we are afraid the check will never get cashed. Since the lease has ended we are wondering if there is any way we can get him to cash the check?

Any ideas about what we should do? Is there a time limit on him cashing the check? A limit that once passed we can cancel the checks?

We have not spoken with a lawyer yet and figured we'd get some advice here first. Thanks much in advance!

# ? Oct 17, 2011 00:01

BonerGhost: Mar 9, 2007

I'm not a lawyer so this is not legal advice. As far as I know, a check is basically good indefinitely, and I'm not sure you can force someone to cash one at a specific time. I wonder, though, if you could cancel the check, send him a (certified mail) letter that you've done so, and include a money order or cashier's check (whichever is more traceable) to cover it. At least that way you wouldn't have to keep track of a check that could debit at any time. For almost a year I paid my rent solely in money orders and got receipts from my apartment in addition to my money order carbon copy. Between my bank and the management company, it would often take 2 weeks for a rent check to clear.

# ? Oct 17, 2011 05:36

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

NancyPants posted:

I'm not a lawyer so this is not legal advice. As far as I know, a check is basically good indefinitely, and I'm not sure you can force someone to cash one at a specific time. I wonder, though, if you could cancel the check, send him a (certified mail) letter that you've done so, and include a money order or cashier's check (whichever is more traceable) to cover it. At least that way you wouldn't have to keep track of a check that could debit at any time. For almost a year I paid my rent solely in money orders and got receipts from my apartment in addition to my money order carbon copy. Between my bank and the management company, it would often take 2 weeks for a rent check to clear.

There is a time period, I think, but I'm not sure what it is.

# ? Oct 17, 2011 06:17

Spitball Trough: Jul 25, 2011

Sailor-Arrakis posted:

Do we bother him about it or do we just wait for another week and hope he says something?

It kind of sounds like you are asking if you should call him or not here. If that's the case, you should call him. I'm not a lawyer, but this would really be more of a pretty basic life skills issue more than a legal one.

# ? Oct 17, 2011 06:18

ibntumart: Mar 18, 2007; Good, bad. I'm the one with the power of Shu, Heru, Amon, Zehuti, Aton, and Mehen.; College Slice

NancyPants posted:

I'm not a lawyer so this is not legal advice. As far as I know, a check is basically good indefinitely, and I'm not sure you can force someone to cash one at a specific time.

Caveat: This is not legal advice or an offer for representation. This is neither an area of law or jurisdiction in which I practice.

Generally, a check is assumed valid for six months from the date issued, after which a bank *may* decide to cash the check. This is from the Uniform Commercial Code, which is not itself law, but each state has adopted a version of the UCC. The relevant part in Washington's version would seem to be this:

RCW 62A.4-404
Bank not obligated to pay check more than six months old.

A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.

# ? Oct 17, 2011 07:00

john mayer: Jan 18, 2011

ibntumart posted:

Caveat: This is not legal advice or an offer for representation. This is neither an area of law or jurisdiction in which I practice.

Generally, a check is assumed valid for six months from the date issued, after which a bank *may* decide to cash the check. This is from the Uniform Commercial Code, which is not itself law, but each state has adopted a version of the UCC. The relevant part in Washington's version would seem to be this:

RCW 62A.4-404
Bank not obligated to pay check more than six months old.

A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.

I wouldn't take this too much to heart. I work in a bank, and while we would never cash a check that old, people come in all the time complaining their super old check was cashed by a business and there's not much that can be done. Businesses do it all the time. Same with postdated checks and a bunch of other weird stuff we wouldn't accept.

# ? Oct 17, 2011 16:56

Above Our Own: Jun 24, 2009; by Shine

I've recently been asked by my supervisor at work to contribute $20 towards a gift for our department director on bosses' day. I'm not trying to be cheap but finances are really tight at the moment and the way this was phrased made it seem like it's mandatory.

Is this kind of request even legal? I reside in the state of Florida.

# ? Oct 17, 2011 18:33

ibntumart: Mar 18, 2007; Good, bad. I'm the one with the power of Shu, Heru, Amon, Zehuti, Aton, and Mehen.; College Slice

john mayer posted:

I wouldn't take this too much to heart. I work in a bank, and while we would never cash a check that old, people come in all the time complaining their super old check was cashed by a business and there's not much that can be done. Businesses do it all the time. Same with postdated checks and a bunch of other weird stuff we wouldn't accept.

The statute fits what you said: a bank can cash a check presented for payment after the six month point, but the bank is also free to not do so.

The relevance of this to the original questioner is that the landlord might present the check for payment months in the future and if there's no stop payment order, the check might be honored.

# ? Oct 17, 2011 21:33

Kneel Before Zog: Jan 16, 2009; by Y Kant Ozma Post

Whats the time frame a landlord has to fix something before the tenant can withhold rent? Also are there any ways to make foreclosing on someone whos not paying any cheaper, since from what I've gathered foreclosing costs thousands of dollars. The tenant has stopped paying the landlord (who is the mortgage lender in this case for the tenet). Would it be better to sue them for uncollected rent first since that route seems cheaper than shelling out 3k to foreclose on a 40k home.

# ? Oct 17, 2011 23:10

Queen Elizatits: May 3, 2005; Haven't you heard?
MARATHONS ARE HARD

Where is this?

Also what is the tenant asking to be fixed?

# ? Oct 17, 2011 23:19

Kneel Before Zog: Jan 16, 2009; by Y Kant Ozma Post

A minor leak in the kitchen and toilet. Both were fixed but apparently the toilet has now stopped flushing a day or so after we went down to work on it. Its a toilet, they don't break down that often. This is in florida by the way.

# ? Oct 17, 2011 23:24

FrozenVent: May 1, 2009; The Boeing 737-200QC is the undisputed workhorse of the skies.

Kneel Before Zog posted:

Whats the time frame a landlord has to fix something before the tenant can withhold rent? Also are there any ways to make foreclosing on someone whos not paying any cheaper, since from what I've gathered foreclosing costs thousands of dollars. The tenant has stopped paying the landlord (who is the mortgage lender in this case for the tenet). Would it be better to sue them for uncollected rent first since that route seems cheaper than shelling out 3k to foreclose on a 40k home.

Is the tenant renting, or did they buy the property and are paying a mortgage?

If it's the later, the landlord isn't a landlord, they're a lender. They don't have any obligation to fix poo poo, AFAIK.

# ? Oct 17, 2011 23:24

Kneel Before Zog: Jan 16, 2009; by Y Kant Ozma Post

FrozenVent posted:

Is the tenant renting, or did they buy the property and are paying a mortgage?

If it's the later, the landlord isn't a landlord, they're a lender. They don't have any obligation to fix poo poo, AFAIK.

In one case they are the lender. In the one where things need to be fixed, they are just renting. The one where he is the lender is complicated. The guy has a super low rate locked down but isn't even paying the measly payment he needs to get by. He knows the chances of the lender foreclosing are slim because the costs are to steep. I think scaring him with legal action is our best bet we are just not sure how to go about doing so.

# ? Oct 17, 2011 23:26

Arch Stanton: Nov 23, 2003; EYEBALLS AND TONGUES DON'T MIX EW EW EW EW EW

Some cops thought I was stealing stuff. They cuffed me, searched me, asked me a few questions while they ran my record, decided I wasn't a thief but cited me for trespassing, and sent me on my way.

Does this constitute an arrest?

# ? Oct 17, 2011 23:31

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

Arch Stanton posted:

Some cops thought I was stealing stuff. They cuffed me, searched me, asked me a few questions while they ran my record, decided I wasn't a thief but cited me for trespassing, and sent me on my way.

Does this constitute an arrest?

Most likely, but what's the context of the question?

# ? Oct 18, 2011 00:06

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Arch Stanton posted:

Some cops thought I was stealing stuff. They cuffed me, searched me, asked me a few questions while they ran my record, decided I wasn't a thief but cited me for trespassing, and sent me on my way.

Does this constitute an arrest?

Maybe. I'd argue that it is.
It is certainly a detention.

# ? Oct 18, 2011 05:14

visuvius: Sep 24, 2007; sta da moor

I'm towards the end of my divorce and I really hate my attorney. I haven't heard from her in several weeks and I just have no confidence or trust in her. Submitting the final judgement is being held up by one issue which I'm trying to work out.

My question is, can I sign and submit the final judgement without her (my attorney) at this point? Can I interact with the court outside of her?

# ? Oct 18, 2011 19:52

entris: Oct 22, 2008; by Y Kant Ozma Post

visuvius posted:

I'm towards the end of my divorce and I really hate my attorney. I haven't heard from her in several weeks and I just have no confidence or trust in her. Submitting the final judgement is being held up by one issue which I'm trying to work out.

My question is, can I sign and submit the final judgement without her (my attorney) at this point? Can I interact with the court outside of her?

Why do you have no confidence or trust in her? Is the last issue a complicated one? Has she done a lot of work for you up till now? Oftentimes, lawyers appear lazy or unresponsive to laypeople, even when the lawyer is working hard. Double check to make sure she really is crap.

With that said,

You can do anything you want, as you are the client. You can negotiate with the attorney on the other side yourself, if you want - although s/he may not want to talk to you, since you have been represented by counsel. Lawyers get in trouble negotiating with an opposing party directly when they know the party is represented by counsel.

If you want to go it alone, send a letter to your lawyer formally firing her, and then send a copy of that letter to the opposing side so they know it's ok to talk to you directly.

But you should get another lawyer to finish, doing stuff on your own is a bad idea in general.

And make sure (!!) that you pay your old lawyer's final fees; do not try to stiff her. If you are really upset about her performance, and you think she has been unresponsive, tell her that you want a reduction in price due to her lack of responsiveness. If she doesn't agree, hint that you're willing to file a complaint with the bar - that usually gets most lawyers to drop you immediately.

# ? Oct 18, 2011 20:40

thexerox123: Aug 17, 2007

Okay... Rogers has a Handset Protection Guarantee that, among other things, guarantees a loaner phone if yours has to be sent away for repair:

Rogers posted:

_{1 The following terms and conditions ("Terms") govern the Handset Protection Guarantee Program ("Program") offered by Rogers Communications Partnership ("Rogers"), including (if applicable): your use of wireless telecommunications equipment and accessories loaned to you by Rogers ("Loan"), the repair of your wireless telecommunications equipment for use with Rogers services ("Repair") and/or the replacement of such equipment ("Replacement").

2 Eligibility:To be eligible for the Program you must meet the following requirements: your account must be in good standing; your device must be a Rogers-certified voice phone, smartphone or mobile Internet stick purchased from Rogers or its authorized dealers/agents and have been activated no more than thirty (30) months prior ("Device"); you must be subscribed to a monthly plan (Prepaid service, demo lines and test lines are not eligible); you may receive only one Out-of-Warranty Repair (as defined below) or Replacement for each activation or hardware upgrade.

3 Repair: If Device is within the original equipment manufacturer's warranty period and does not show evidence of physical damage (including moisture damage) ("In-Warranty Repair"), Rogers will send Device for repair under the original equipment manufacturer's warranty on your behalf or as applicable under the Program, will offer you a replacement device of same or like model in exchange for your Device ("Advance Exchange"). Rogers will not charge you any fees for an In-Warranty Repair; however, in the case of an Advance Exchange, the full cost of replacement device will be charged if you do not return defective Device within 15 days or if Device reveals physical damage (including moisture damage).

4 If Device cannot benefit from In-Warranty Repair, then Rogers will provide you with a quote for the repair of the Device by a third-party selected by Rogers ("Out-of-Warranty Repair"); should you refuse the Out-of-Warranty Repair or if Device cannot be repaired (including, without limitation, if cost of repair is excessive or if repair consists only in repairing cosmetic damage), then Rogers will Replace your device pursuant to Section 9 below. A repair estimate fee of $30 will be charged to your Rogers invoice if you elect to proceed with neither Repair nor Replacement (if applicable) and keep your Device.

5 You acknowledge and agree that: any information or programming stored or inputted by you in the Device is not secure and will be erased during the repair process; SIM cards and SD cards are not secure and will be discarded during the repair process; neither Rogers nor its authorized dealers/agents shall be responsible for a Device not claimed within 90 days from the date of Repair or Replacement, and after such time, Rogers or its authorized dealer/agent may deal with such Device in its sole discretion.

6 Loan: Subject to these Terms, Rogers will loan certain wireless telecommunications equipment and accessories, as listed on the Rogers Repair or Replacement Request ("Loaned Equipment"), to you for the time required to carry out the Repair.

7 You agree: to use, protect and safeguard the Loaned Equipment with care and not to tamper, alter or repair the Loaned Equipment; that in the event of any malfunction, accident or damage to the Loaned Equipment, to immediately return the Loaned Equipment to Rogers or its authorized dealer/agent.

8 You further acknowledge and agree that: a $50 deposit may be required while you are using the Loaned Equipment; Deposit tender is to be chosen at discretion of Rogers or its authorized dealer/agent; in the event of loss, theft, destruction, damage of the Loaned Equipment or failure to return the Loaned Equipment, you shall forfeit the deposit; Rogers has the right to keep the $50 deposit if you fail to return the Loaned Equipment within 14 calendar days from the date you are first notified that Device is ready for pick-up; the Rogers Terms of Service and Acceptable Use Policy continue to apply to your use of Rogers services with the Loaned Equipment; title to the Loaned Equipment shall at all times remain with Rogers (unless and until Loaned Equipment becomes your property after paying the full replacement cost of the Loaned Equipment in accordance with these Terms).

9 Replacement: If Device cannot be Repaired pursuant to Sections 3 and 4 above or if you report Device as lost or stolen, you may select a new or refurbished replacement device ("Replacement Device") at $0 with a minimum 12-month term commitment from a selection of entry-level handsets with basic features and characteristics. For greater clarity, if you have not subscribed to Rogers services on a term commitment or if the balance of your term commitment is less than 12 months, your term commitment will be extended to 12 months. Rogers may, in its sole discretion, but shall have no obligation to permanently block your initial Device, preventing it from ever being used on the Rogers network.

10 There is no representation or guarantee that Loaned Equipment or Replacement Device provided will be similar to or offer features or characteristics equivalent to those available on your Device. In particular, certain features you are subscribed to may no longer be compatible with Loaned Equipment or Replacement Device.

11 To the maximum extent permitted by applicable law, Rogers, and its directors, officers, employees, contractors, dealers or agents will not be liable to you or anyone else for any damages, costs, claims, loss, personal injury or loss of life directly or indirectly caused by, arising from or related to the Program or the use of any device under the Program (including, without limitation, defects, malfunctions or complete breakdowns in any device; electrical shocks, burns, fires, or explosions caused by any device; loss of profit, loss of earnings, financial loss or loss of business opportunities). This limit applies to any act or omission of Rogers or its directors, officers, employees, contractors, dealers or agents, including, without limitation, any act or omission which would otherwise be a cause of action in contract, tort or any other doctrine of law.

12 You may not loan or otherwise share or transfer any Loaned Equipment to any other person or entity without the prior written consent of Rogers. Rogers may amend these Terms or terminate the Program at any time, upon notice to you, and request immediate return of the Loaned Equipment, at any time. There are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, regarding these Terms, the Program, the Loaned Equipment or a Replacement Device other than as expressly set forth herein. The parties have expressly required that these Terms and all documents or notices relating thereto be drafted in the English language.Les pr�sentes modalit�s et tous les documents ou avis qui s�y rattachent ont �t� r�dig�s en anglais � la demande expresse des parties.}

They claim that, if their stores run out of loaner phones due to insufficient stock, then they aren't required to fulfill that guarantee. Am I crazy, or are they just wrong/lying, based on their own terms and conditions?

thexerox123 fucked around with this message at 22:02 on Oct 18, 2011

# ? Oct 18, 2011 21:27

Incredulous Red: Mar 25, 2008

visuvius posted:

I'm towards the end of my divorce and I really hate my attorney. I haven't heard from her in several weeks and I just have no confidence or trust in her. Submitting the final judgement is being held up by one issue which I'm trying to work out.

My question is, can I sign and submit the final judgement without her (my attorney) at this point? Can I interact with the court outside of her?

This is why I don't want to practice family law. There are no possible outcomes where your client will be happy with you.

# ? Oct 19, 2011 00:34

Cronican: Jun 2, 2006; The one and only

Hi, my wife and I are in London England on a work visa. We've just moved into a flat that looked great when we viewed it but on our second day living there (yesterday) we noticed that there was mould growing behind all of the furniture and along the edge of the bed. My wife has been feeling ill the last few days and we think that this is the problem. We've contacted the landlord and he said that he'll have someone in on the 27th to assess the situation and take action. We feel that this is too long a time for us to live in these conditions and we'd rather leave the house and look for another place. The house is also in pretty bad condition and you can smell the musk everywhere now that three people are no longer living there.

We have signed the lease and it has not been delivered. We were dealing with another roommate who was doing all the viewing and collection of money. He is waiting until saturday when the rest of the roommates move in to deliver the money and the lease to the landlord.

We've paid half a months rent and and given a 1 month rent security deposit.

We have not yet told the landlord our intentions to leave the house. When I mentioned the mould problem he said that if I found it unsafe he would waive the 2 month notice.

My questions to you guys are:

1) If I can get our money back from our roommate and leave, is that ok?

2) If I can't get it back, the landlord has said that he has no problem waiving the 2 month notice so we can leave immediately but mentioned nothing of our money. What can I reasonably expect returned to me?

3) Does the mould situation get me any kind of leverage should this go south?

Thanks

# ? Oct 19, 2011 12:35

What Fun: Jul 21, 2007; ~P*R*I*D*E~

Incredulous Red posted:

This is why I don't want to practice family law. There are no possible outcomes where your client will be happy with you.

I'd never thought of this before, but it's really resonating with me. I'm just imagining a guy going "Well, the divorce was hard for all of us, but my lawyer really spruced it up, put a shine on it! Ted, Susan, if you two are thinking of untying the knot - I couldn't recommend her more highly!"

# ? Oct 19, 2011 16:51

ibntumart: Mar 18, 2007; Good, bad. I'm the one with the power of Shu, Heru, Amon, Zehuti, Aton, and Mehen.; College Slice

Incredulous Red posted:

This is why I don't want to practice family law. There are no possible outcomes where your client will be happy with you.

Sure there are. They may not be happy with the fact they're getting divorced, but clients do tend to be happy with someone they trust who navigates the legalities and fights for a good settlement.

# ? Oct 19, 2011 20:04

LLJKSiLk: Jul 7, 2005; by Athanatos

ibntumart posted:

Sure there are. They may not be happy with the fact they're getting divorced, but clients do tend to be happy with someone they trust who navigates the legalities and fights for a good settlement.

I got railed on pretty early in the thread, but I fired my first counsel and ended up getting a lawyer I was much happier with during my divorce. Not that it made things cheaper - but having someone who had a decent attitude and responded to calls was much better than someone whining for me to settle for nothing from the get-go.

If I had listened to my first counsel I'd have seen my daughter two weekends a month and paid through the nose on child support. By firing him, and going with a new lawyer I ended up with joint custody.

# ? Oct 19, 2011 20:56

Pompous Rhombus: Mar 11, 2007

Solomon Grundy posted:

It didn't disqualify my sister from top secret clearance, so I am surprised you are having such a rough go of it.

It depends on the agency, how recent the drug use was, how frequent it was, whether you sold or not, how involved you still are with the drug users you used to interact with, etc.

If you lie about it and they find out (Secret - probably won't, TS and above, probably will), you are boned. If they find out you lied after granting it, such as when you go for a higher clearance with a more thorough background check/polygraph, you will most likely lose it (and your job).

# ? Oct 21, 2011 04:41

RodShaft: Jul 31, 2003; Like an evil horny Santa Claus.

Cedar Rapids, Iowa

My wife just got a Notice of Violation in the mail from an Automated Speed Enforcement Program(fancy words for letter from a traffic camera. The ticket is for 10/2/2011 when she was out of the country. There is no possible way she could have been driving the car but the ticket is issued in her name. It also has this text,

"Under Ordinance 61.138.C.2 of the Municipal Code of he Cedar Rapids, Iowa, the owner of the motor vehicle is liable for payment of a civil penalty if the owner's vehicle enters an intersection or other location within the city against speed enforcement system traveling at a speed above the posted limit."

It also states,

"THE IMPOSITION OF A CIVIL FINE IS NOT A CONVICTION FOR ANY PURPOSE, INCLUDING INSURANCE RATES. PAYMENT OF THE CIVIL FINES SHALL CONSTITUTE THE FINAL DISPOSITION OF THIS MATTER."

So if I pay it are we just kinda cool and have nothing to worry about, or should we bother bringing her passport and travel itinerary and all that to show she couldn't have possibly been driving.

RodShaft fucked around with this message at 17:09 on Oct 21, 2011

# ? Oct 21, 2011 17:06

Cruseydr: May 18, 2010; I am not an atomic playboy.

RodShaft posted:

Automated Speed Enforcement Program

I would assume based on the way you're dancing around it, you were probably the one driving the car at the time. Whoever is the one being fined is the one ultimately responsible (unless you meet the liability exemption requirements such as having reported your vehicle stolen at the time), but if your question is are there any lasting consequences to this fine, the answer is as far as I am aware no. It's just like paying a parking ticket.

IANAL, BTW.

# ? Oct 21, 2011 23:28

JohnnyHildo: Jul 23, 2002

RodShaft posted:

Cedar Rapids, Iowa

My wife just got a Notice of Violation in the mail from an Automated Speed Enforcement Program(fancy words for letter from a traffic camera. The ticket is for 10/2/2011 when she was out of the country. There is no possible way she could have been driving the car but the ticket is issued in her name. It also has this text,

"Under Ordinance 61.138.C.2 of the Municipal Code of he Cedar Rapids, Iowa, the owner of the motor vehicle is liable for payment of a civil penalty if the owner's vehicle enters an intersection or other location within the city against speed enforcement system traveling at a speed above the posted limit."

It also states,

"THE IMPOSITION OF A CIVIL FINE IS NOT A CONVICTION FOR ANY PURPOSE, INCLUDING INSURANCE RATES. PAYMENT OF THE CIVIL FINES SHALL CONSTITUTE THE FINAL DISPOSITION OF THIS MATTER."

So if I pay it are we just kinda cool and have nothing to worry about, or should we bother bringing her passport and travel itinerary and all that to show she couldn't have possibly been driving.

Under the ordinance, the owner of the car is liable for the speedcam ticket, regardless of who was driving the car. You'll just waste everyone's time if you try to contest the ticket.

# ? Oct 21, 2011 23:38

baquerd: Jul 2, 2007; by FactsAreUseless

Cruseydr posted:

I would assume based on the way you're dancing around it, you were probably the one driving the car at the time. Whoever is the one being fined is the one ultimately responsible (unless you meet the liability exemption requirements such as having reported your vehicle stolen at the time), but if your question is are there any lasting consequences to this fine, the answer is as far as I am aware no. It's just like paying a parking ticket.

Of course if it was a bad read on the plate and the car was for sure parked in the driveway or something, absolutely contest it.

# ? Oct 21, 2011 23:40

Konstantin: Jun 20, 2005; And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Keep in mind that 'conviction' is a rather loose word. What you need to know is if this will show up on your motor vehicle record. I'm willing to bet that if it does, it will affect your insurance, unless there is some regulation preventing the insurance company from doing so. I'd talk to an insurance agent about this.

# ? Oct 22, 2011 00:45

Cruseydr: May 18, 2010; I am not an atomic playboy.

Konstantin posted:

Keep in mind that 'conviction' is a rather loose word. What you need to know is if this will show up on your motor vehicle record. I'm willing to bet that if it does, it will affect your insurance, unless there is some regulation preventing the insurance company from doing so. I'd talk to an insurance agent about this.

Doubtful:

"Cedar Rapids, Iowa Municipal Code 61.138.C.4 posted:

4. In no event will an Automated Traffic Citation be sent or reported to the Iowa Department of Transportation or similar department of any other state for the purpose of being added to the Vehicle Owner's driving record

# ? Oct 22, 2011 21:20

Andy Dufresne: Aug 4, 2010; The only good race pace is suicide pace, and today looks like a good day to die

The ticket itself is probably pretty clear about it, at least it was for my automated ticket in Dallas. They explicitly stated that it wouldn't show up on my driving record or affect insurance rates, and the only ways to challenge it were via mail or to make an appointment with an administrative panel.

# ? Oct 22, 2011 21:36

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# ? May 16, 2024 12:47

Lord Gaga: May 9, 2010

Short version of my question:
Do I have a right to be told what statute I violated during a traffic stop in the state of Florida county of orange?

Back story:
State: Florida
Country: Orange

On 10/21 I was pulled over for having a modified muffler by a city police officer just outside of the city limits. He claimed I had modified my muffler and on the ticket wrote "None/Improper Muffler, Muffler Removed"

I asked him what statue specifically I violated and he declined to tell me and stated I had to go online to the orange county myclerk website which, as of today, does not show my ticket and on average takes 7-14 days for it to appear. I do, in fact, have a muffler though my exhaust system is aftermarket.

I plan on checking with my city office as to whether the police officers are authorized to write tickets in Orange county territory. I know they have a mutual policing agreement where if one is in need of assistance the other is authorized to help. I was going to start by requesting a copy of that. I am also close friends with the former mayor who hired the current chief of police so I am planning on talking to him as well and voicing my concerns with how this was handled in a non argumentative way.

Can he write me a ticket and not actually disclose in writing the information needed to prepare a realistic defense?

Unrelated but possibly helpful:

I also have a factory catalytic converter and both oxygen sensors and a capability to datalog and show that my emissions equipment is functional.

In my county the rules of traffic court state that speed measuring devices should be disclosed as part of a right of discovery. That seems far less obvious than actually telling me what he charged me with.

"RULE 6.445. DISCOVERY: INFRACTIONS ONLY
If an electronic or mechanical speed measuring device is used by the citing officer, the type of device and the manufacturer�s serial number must be included in the body of the citation. If any relevant supporting documen-tation regarding such device is in the officer�s possession at the time of trial, the defendant or defendant�s attor-ney shall be entitled to review that documentation immediately before that trial. Committee Notes 2009 Amendment. This amendment is based on the fact that currently to the committee�s knowledge there are 5 different measuring de-vices or types: Radar, Laser, Pace Car, Vascar, and airplane with stopwatch. It is believed that identifying the type of measuring device is not unduly burdensome to the state and it is necessary in the preparation of a defense. Withholding this information until the time of trial unduly prejudices the defense. This amendment is also forward-looking in that as new measuring devices appear, they can be efftively used as long as they are disclosed."

# ? Oct 23, 2011 21:46

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